1st recoveries claimform - Nova Loans /Cash4UNow 'debt'

[mysticbob]

Hi,

I need some advice please. I have just returned from holiday to find a CCJ waiting for me for an old loan I had with Cash4UNow about 2 years ago.

 

The Judgement states

'1st stop recoveries claim this amount in respect of an unpaid loan funded by Nova Loans. The defendant failed to abide by the terms of the contract. Ist stop recoveries purchased this debt from Nova Loans and subsequently sent a notice of assignment to the defendant to advise.

 

 

The defendant has failed to respond to any correspondence or communication from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion'

 

The judgement is for £479.99 + £35 court costs - Total £514.99

 

The claim form has a typed signature Emily Taylor (Claimant)

 

When I had the loan from Cash4UNow, I paid back everything on time and had two payments left to make

- I supplied them with my new debit card details but they failed to take payment.

 

 

I received no correspondence chasing the outstanding amount until several months later at which time

I was unable to pay the sum due.

 

 

I am not 100% certain but I am not sure if I received a default notice or not.

Also I have received, little contact from 1st Stop Recoveries

- they did try to call me at work but I cannot take calls of this type at my workplace.

 

I ideally through my line of work can't really afford to have a judgement against me.

 

Is it possible if I get in touch with 1st stop recoveries that I could still negotiate to pay this debt

and avoid a judgement being entered against me?

 

 

Otherwise should I just admit liability and complete the form or would I have grounds on the basis

that due to the system error at Cash4UNow that they did not take payments when due,

to challenge the judgement or part of it?

 

Advice please as not 100% certain how best to proceed with this.

 

Many thanks

[renegadeimp]

judgement or a claim form?

[mysticbob]

Claim Form

[AndyOrch]

Thread moved to Financial Legal Issues.

 

If you would read the following link and then copy and paste your responses back here to enable the best advice on how to proceed with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

[mysticbob]

Name of the Claimant ? - 1st Stop Recoveries Ltd,

Date of issue – . - 04 March 2016

 

What is the claim for –

 

1.'1st stop recoveries claim this amount in respect of an unpaid loan funded by Nova Loans.

The defendant failed to abide by the terms of the contract.

Ist stop recoveries purchased this debt from Nova Loans

and subsequently sent a notice of assignment to the defendant to advise.

2.The defendant has failed to respond to any correspondence or communication from the claimant

thus denying the claimant any opportunity in assisting the defendant in attempting to

bring the matter to an amicable conclusion'

 

What is the value of the claim? - £479.99 + £35 court costs

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Claim relates to a payday loan

 

When did you enter into the original agreement before or after 2007? - After 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. - Claim issued by debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? - Yes

 

Did you receive a Default Notice from the original creditor? - Not Sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not sure

 

Why did you cease payments? - March 2015

 

What was the date of your last payment? - 4 March 2015

 

Was there a dispute with the original creditor that remains unresolved? - Just on the failure to take payment in April 2015

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? - No

[havinastella]

You say you paid most of this back!

 

How much did you borrow, what have you paid back?

 

We need as many details as possible to advise you.

[mysticbob]

It was an initial loan of £500 over 6 months taken on 1st December 2014. The monthly payment was £158.33. First 3 payments were made - they stopped collecting after that

[renegadeimp]

So they're asking for an amount that is false and doesn't bear any reality

[martin2006]

Have you acknowledged the claim on mcol?

 

Ack the claim

defend all

jurisdiction unticked

 

CCA to 1st stop (

CPR 31:14 to the solicitors acting for 1st stop

[fkofilee]

Okay so Mysticbob. !st stop now have this debt. However, how much was the total debt for? How much of this debt is charges?

Why did the company fail to take any payments after set date? (Do you know?)

[mysticbob]

OK -

Initial loan was for £500 with interest charges

- meaning I had £950 to pay over 6 instalments of £158.33.

 

 

First two instalments were paid on time without any issue.

There was a problem with my third instalment, as I had recently changed my debit card

 

 

I rang Cash4UNow and provided my new details - I did make it clear that these were my new card details.

 

 

They then took the third payment on 4th March 2015.

The next instalment was due on 31st March 2015 which they did not claim for.

 

 

I heard nothing from them until 29th May when they decided to chase for the outstanding amounts

due under the agreement which I was not then in a position to pay.

 

As 3 instalments are outstanding (£158.33 x 3 = £474.99)

they don't appear to have added many additional charges

to the claim other than the court costs.

 

Do you still feel I have grounds to contest this?

If so, I will acknowledge the claim and defend all on MCOL.

 

 

As this claim form seems to come via Ist Stop Recoveries and not their solicitor

- I am confused on whether to send a CCA or the CPR 31:14?

[martin2006]

Send them both to 1st stop, if a sol pokes his head in, send the CPR to him aswell

[martin2006]

So the 3rd payment was a manual payment done by an actual human who didn't update the account with the new card details, hence the failure of the following payments.

[mysticbob]

Exactly what I am saying Martin - the card details were not updated by the lender when I called them on 4th March.

[martin2006]

Send the letters and ack on mcol as per #9

 

Your defence is then filed by 5th april i think is correct if ive counted the 33 days correctly

 

that's all you need do for now, then wait to see what paperwork turns up from the cca, they have 12 + 2 days to supply it so go get them done

Edited March 13, 2016 by Andyorch
Defence date changed

[mysticbob]

Thanks for your help and advice - I have acknowledged the claim on MCOL and indicated my intention to defend. I will send the CCA request tomorrow. Should I also ask 1st stop for a copy of the default notice as I am not 100% certain one was ever issued?

[martin2006]

Theres no need to, if it gets that far down the road with court then they woukd have to supply it as part of the defence if they wish to rely on it

It would also be covered under the CPR 31:14 you are sending

[mysticbob]

Is someone able to offer help with putting together my defence as I believe it has to be submitted by the 3rd April?

[AndyOrch]

Is someone able to offer help with putting together my defence as I believe it has to be submitted by the 3rd April?

 

This is a self help Forum MB.....we dont personally draft defences....we will check and advise...but you have to put a little leg work in first.

 

Take a look in the following forum for similar claims/particulars and have a go at drafting your proposed defence.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy

[mysticbob]

Thanks Andy - sorry my earlier post was a little presumptious. I have had a go at putting together a defence (see below). Can you check this and offer any advise before I submit this please?

1.1st Stop Recoveries Ltd claim this amount in respect of an unpaid loan funded by Nova Loans. The defendant failed to abide by the terms of the contract. 1st Stop Recoveries purchased this debt from Nova Loans and subsequently sent a notice of assignment to the defendant to advise.

 

2.The defendant has failed to respond to any correspondence or communication from the Claimant

this denying the Claimant any opportunity in assisting the Defendant

in attempting to bring the matter to an amicable conclusion.

 

Defence

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £479.99.The defendant admits entering into a short term agreement for the sum of £500.00 over 6 months from Cash4UNow (Nova Loans). The first three instalments were paid and on time.

2. The defendant obtained a new bank card in February 2015 and rang Nova Loans to make a manual payment on 4th March 2015 in line with the agreement and asked that the details be held on file to collect future repayments when due. No further payments were requested from my bank, when due, and no correspondence/calls received chasing any overdue amounts.

 

3. Paragraph 2 is denied the Claimant has not made any contact nor served a Default Notice pursuant to sec88 of the CCA1974 or followed any Pre Action Protocol in an attempt to resolve this matter and is put to strict proof thereof.

 

4. The claim is disputed with regards to the Defendant owing monies stated to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for;

© show how any breach occurred and a valid Default Notice was issued,

(d) show how it has legal assignment of any alleged debt.

 

5 As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed.

[AndyOrch]

Okay MB...what about the Notice of Assignment referred to in the claimants particulars....? You need to address that.... if it was never received?

 

Andy

[mysticbob]

I did received a notice of assignment via email on 7/01/2016 hence why I did not address that in the defence

[AndyOrch]

[mysticbob]

Hi,

Some further advice please. I have received a Notice of proposed Allocation to the Small Claims Track from the court. I need to complete form N180 - I did look on MCOL online but cannot see if I can submit this there or not or if I have to fill out the questionnaire sent to me.

 

 

I was also sent details regarding mediation - if you go down this route and reach a compromise will it still result in a judgement being entered against me?

 

 

It says the questionnaire needs to be served on all parties. Is it just a case of completing this, copying it and sending a copy to both the court and 1st stop recoveries?

 

 

Any help would be appreciated

 

 

Many thanks

[AndyOrch]

You cant submit the N180 on line.....you must complete it and serve it by the date stated.File a copy with the court and serve a copy on the claimant.

 

Yes to mediation and yest to small claim track...the rest is just self explanatory tick boxes.

 

All parties are expected to participate in mediation...mediation will decide if your claim is suitable for this process..it bears no reflection on any admittance or will compromise your defence.

 

Andy